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PB: Top 5 Worst Charter Amendments

by SDM

Preface:

SDM thinks none of the Charter Revision Commission’s proposed amendments is necessary. If you vote no on all of them, SDM will still call you friend. :)

The 5th Worst Palmetto Bay Charter Amendment:

Changing Term Limits [Section 2.3(E)]
The Village Charter currently limits the length of service of the Mayor, Vice-Mayor, and Council Persons to no more than two consecutive terms. The Charter Revision Commission suggests an amendment to the Charter to limit the length of service of the Mayor, Vice-Mayor, and Council Persons to two terms in any one position, with no more than a total of three consecutive terms regardless of position.

SDM Says: SDM admits to voting for this amendment, but doing so with a shaking hand because it could be a disaster if it were to permit yet another term of the current Mayor. SDM has faith that the village will find a new leader in two years and this amendment will allow good people to spend a term on the council and then a couple of terms as mayor or vice versa. It’s always in the hands of the voters to make the final decision, which is also a double-edged sword. You can see that SDM is torn between optimism and pessimism on this one.

The 4th Worst Palmetto Bay Charter Amendment:

Neighborhood Protection [Section 10.2]
Creating a provision called Neighborhood Protection whereby: 1) single-family-residential zoned properties shall be protected from the negative impacts of adjacent or nearby non-single-family-residential uses and 2) four affirmative votes of the Council shall be required to approve a zoning change conditional use, or special exception in any single-family-residential district. Excluded are BO (Business Office) Future Land Use, all commercial, business, and multi-family residential districts.

SDM Says: This may surprise some readers, but this amendment is not the worst thing on the ballot as far as Palmetto Bay goes. Because it is limited to the “single-family-residential district,” SDM believes this amendment will ultimately be harmful to a handful of property owners. If you believe in property rights, you will join SDM in voting down this bad idea.

The 3rd Worst Palmetto Bay Charter Amendment:

Nonpartisan Elections – Enforcement [Section 5.1(B)]
The Charter Revision Commission suggests an amendment of the Charter to provide enforcement of Section 5.1(B) of the Charter, relating to nonpartisan elections, through the office of the State Attorney. A judicial determination of a willful violation of Section 5.1(B) shall be grounds for removal from elected office and subject the individual to a fine up to $1,000, per violation, but not to exceed a total of $10,000.

SDM Says: The State Attorney is a woefully underfunded and overburdened enterprise that is responsible for prosecuting serious criminals. Palmetto Bay should not be adding to that burden with niggling disagreements about whether a candidate is running as a partisan. Vote NO on this foolishness.

The 2nd Worst Palmetto Bay Charter Amendment:

Department Head Selection to be Affirmed by Village Council [Section 3.3(1)]
The Village Manager currently hires all department heads. The Charter Revision Commission suggests an amendment to the Charter to reflect the Village Manager may not appoint any department director without first obtaining approval of a majority of the Village Council.

SDM Says: This amendment could easily be the worst of the bunch, especially if the next one is adopted along with this one. Together they constitute an extraordinary power grab by some very small-minded people. The Village of Palmetto Bay is not the U.S. Senate approving a supreme court justice. Palmetto Bay created its balance of power when its residents chose a weak council, strong manager form of government. This amendment allows the council to interfere with the manager’s professional decisions regarding his staff. The result will be department directors attempting to curry favor with various council members by making promises before their hearing. SDM voted NO and asks you to do the same.

And now, the WORST Palmetto Bay Charter Amendment:

Interaction with Administration [Section 4.2(B)(1) and (2)]
The Charter currently reflects that the Village Council is to enact a resolution in order to investigate or inquire on a topic directly with staff. A finding of interference with administration could be a basis for removal from office. The Charter Revision Commission suggests an amendment to the Charter to remove the penalty, and authorizes the Village Council to make direct inquiries of staff, and to change the title of the provision from “Interference” to “Interaction” with Administration.

SDM Says: This one sounds SO innocuous, doesn’t it? Why shouldn’t a council member be able to “interact” with a staff person? They’re only making an “inquiry.” What’s the big deal SDM? Let SDM paint the picture:

Fred is sitting in his office and Councilwoman Lindsay stops by to make an inquiry. She asks: “Fred, did you have a chance to draft that neighborhood protection ordinance yet?” Now, Fred has been working all day to catch up on work assigned by his boss the Planning & Zoning Director and his boss the Manager. Fred really can’t spare the time to break off and work on the Councilwoman’s latest folly. So, what would you expect him to do?

If he knows what’s good for him, Fred will stop what he’s doing and finish Lindsay’s blessed ordinance. You see, Fred knows that the “inquiry” was like when his Mom asked him, “Fred, have you taken out the trash yet?” Those words may be formed as an inquiry, but Fred knows a directive when he hears one.

Now, Fred faces a choice: do what his direct boss told him to do or do what Lindsay wants him to do. He is in a no-win situation and, if this charter amendment passes, his no-win situation will become perfectly legal.

SDM voted NO, and if you have any respect for the people who work for you at the village, you will vote no, too.

6 Comments to “PB: Top 5 Worst Charter Amendments”

As one of the five members of the Charter Review Committee, I need to advise anyone reading this to also “Vote No” on all of the Amendments. While on the committee I was privy to many things the ordinary citizen will never be privy to. Here what I saw. Sunshine violations between other Charter Review Committee members at every meeting. Interference by our Lovely Mayor at every opportunity to slant all the amendments for her to grab power. Most of the amendments are designed around grabbing and keeping power.

If I were a member of a Church or had a child going to School at any Private Institution or if I owned a Private Institution, I should be scared to death. I would go out and donate money to a candidate that would not support this crap. I would not campaign for a candidate that would support this crap. I would hold fundraisers for candidates that would not support this crap and I would tell anyone associated with my organization to Vote for a candidate that would not support this crap and I would tell them to Vote No on all the amendments.

I put my money where my mouth is. I have done all of the above. I am now out at early voting everyday supporting candidates that don’t support this crap.

I am not a member of a church. My youngest daughter is 25 and went to Public School. I don’t live anywhere near the Private Schools under attack, but I do what I can to help candidates who would not support this crap.

All of you who sit back and wont get involved or donate money or time, should be ashamed. There’s a very small group that will have the right to complain if this election goes bad. The rest of you should just suffer in silence for your complete and utter lack of support.

It’s not to late. Get involved today. There’s 8 days left in the election. Call the candidate of your choice and ask them how you can help. You can also “Vote No’ on all the amendments.

Close your eyes for a moment and contemplate what could be the most terrifying and agonizing life event to occur. Now imagine it is not just a nightmare, but its reality.

Mine would relate to the health and welfare of my children. If the health of your child was an issue, who would you pursue for help, support and guidance? Doctors, family, friends and co-workers? What if there was a way our Village elected officials could help? What if there was a way they could help but they refused?

Below is a quick snap shot of what occurred in the Village of Palmetto Bay, December 12th 2011.

A Doctor, with a 10-year-old son who is chronically ill, was seeking a routine variance for 5% more lot coverage than is permitted under the zoning code for his home. Variances as such were granted routinely without a hearing when we were unincorporated. The 5% more was not to cram a McMansion or a gigantic garage to house motorized toys; he wanted to make room for his extended family so they would all fit on the ground floor of his house. It’s this family that would take care of his son who is afflicted with cystic fibrosis.

Cystic Fibrosis is one of the most common chronic lung diseases in children and young adults. It is a life-threatening disorder, but given proper care the child will have a chance to live to adulthood.

The variance request was denied. Mayor Stanczyk, Vice Mayor Pariser and Councilwoman Lindsay rejected the good Doctor’s application. They had very little empathy for a family struggling with their 10 year-old son’s potentially fatal disease.

To add insult to injury the variance process cost thousands of dollars because it requires attorneys, architects and other expenses as part of the process. Variances as such, in our Village of Palmetto Bay, include the requirement of having surrounding neighbors approve and sign off on the request. The Doctor did just that and had all of the signatures of his neighbors for approval at the zoning hearing. I would have considered this a legitimate request and it should have been a slam-dunk, right?

Well it wasn’t a slam-dunk, because certain members of this Council don’t really care about anything unless it’s one of their pet causes, which, apparently, does not include a chronically ill minor.

The entire December 12th, 2011 Palmetto Bay Zoning hearing is available to be viewed on the Palmetto Bay website. Be prepared to be outraged. While my opinion is clear from what I have written above, if I were to express myself without reservation this email would be nothing but expletives.

There is a line in Spiderman that fits: “With great power, comes great responsibility.” Whoever wins the Village election this time should memorize that line and repeat it to themselves each day they serve in office. This is necessary because the Mayor, Vice Mayor and Councilwoman shirked their moral responsibility. If they cannot look out for the weakest of us all, then what do they stand for and why do we need them?

Please vote NO on all of the charter amendments. They were ill conceived and are a power grab from those in power. The flip side is that power corrupts and absolute power corrupts absolutely. Throw the bums out vote for JOHN DUBOIS and JIM ARAIZA. We must change the culture of our community. SDM we have had term limits of eight years for the President, Governor, all State Office holders and now our County Commission. How can you justify 12 years for PB officials ? EIGHT IS ENOUGH!

Come on SDM, your views on Azaiza are unfounded. Although Tendrich has turned his act around and now votes on the correct sides of issues. His past record has much to be desired. He even fights back once in while after Joan and Shelley tear him a new one.

AZAIZA would have always voted on the right side of issues and the “Bullies” known as Joan and Shelley would have been put in their place long ago.

Mr. Araiza says he wants to “abolish” special interests. YOU are a special interest and so is every person, church, congregation, school, club, organization, corporation and anyone else individually or any group collectively. What sort of fool doesn’t understand this basic concept? And why would a person of average intelligence – or better in your case – settle for a candidate who doesn’t understand it? Palmetto Bay doesn’t need another dangerous member on that council, especially when Mr. Tendrich is the only one to have voted against the eternally obnoxious Palmer Trinity motion.